You will need to clarify with GMAC..............but I believe on the short refis that they are doing..........it is done in house.......meaning that GMAC is taking care of the new loan......but see if that is accurate.
Question number two would need to be answered by an attorney.
Also if this is the only property that you own and you are just looking for an affordable modification.............you can also look into NACA..........they are a HUD approved counseling agency and the services for their Home Save modification are free....here is the link.
https://www.naca.com/refinance/refinanceTenStep.jsp